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A defendant was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her husband – and was given his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

“We hope the court will declare that in this society, human rights are also rights of women – that agreement is personal, not delegated,” said the victim's lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you permission? Not once.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, possibly propelled by the societal understanding spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by authorities for selling narcotics and his father evicted him of home. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that once a year he sought paid sex on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the original case.